Note: The degree of the offense
depends on the degree of the underlying crime.

The defendant is charged [in count __]
with kidnapping in the (first/second) degree with a firearm. The statute
defining this offense reads in pertinent part as follows:

a person is guilty of kidnapping in
the (first/second) degree with a firearm when (he/she) commits kidnapping in the
(first/second) degree and in the commission of said crime (he/she) (uses / is
armed with and threatens the use of / displays or represents by (his/her) words
or conduct that (he/she) possesses) a pistol, revolver, machine gun, shotgun,
rifle or other firearm.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Committed
kidnappingThe first element is that the
defendant committed kidnapping in the (first/second) degree. <Insert
instruction for underlying crime:>

Element 2 - With a firearmThe second element is that in the
commission of the kidnapping the defendant <insert as appropriate:>1

used a firearm.

was armed with and
threatened the use of a firearm.

displayed or
represented by (his/her) words or conduct that (he/she) possessed a firearm.
[It is not required that what the defendant represents to be a
firearm be loaded or that the defendant actually have a firearm. It need only
be represented by words or conduct that (he/she) is so armed.]

<Describe specific allegations
regarding firearm.> "Firearm"
means any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or
other weapon, whether loaded or unloaded, from which a shot may be discharged.2 You must find that the firearm was operable at the time of the incident.3

Conclusion

In summary, the state must prove
beyond a reasonable doubt that the defendant <insert the concluding summary
from the instruction for the underlying crime>, and that in the commission
of the kidnapping, (he/she) (used / threatened the use of / displayed or
represented that (he/she) had) a (pistol / revolver / machine gun / shotgun /
rifle / firearm).

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
kidnapping in the first degree with a firearm, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.
_______________________________________________________

1
Carefully tailor this part of the instruction according to the nature of the
conduct alleged and the type of firearm involved. See State v. Tomlin,
266 Conn. 608, 626-27 (2003) (allegation of "did shoot" only supported
instructing on the first of three distinct methods of committing the offense).

3
The defendant may raise as an affirmative defense that the firearm was not
operable. See
Inoperability of Firearm, Instruction 2.9-3.

Commentary

"No person shall be convicted of
kidnapping in the first degree and kidnapping in the first degree with a firearm
upon the same transaction but such person may be charged and prosecuted for both
such offenses upon the same information." General Statutes § 53a-92a (a).

"No person shall be convicted of
kidnapping in the second degree and kidnapping in the second degree with a
firearm upon the same transaction but such person may be charged and prosecuted
for both such offenses upon the same information." General Statutes § 53a-94a
(a).